Complaints about a Nurse

Making a complaint

Complaints about a nurse may be made in writing to the Registrar of the Council or to the Health and Disability Commissioner. If the alleged conduct or practice has affected a health consumer the complaint should be made to the Commissioner who will decide whether to investigate the complaint or refer the matter back to Council. Complaints about conduct that has not affected a health consumer should be made to the Council. An assessment is made by Council of every complaint and, if the conduct is within jurisdiction and sufficiently serious, the matter will be referred to a professional conduct committee (PCC) for investigation. PCCs also consider nurses who have court convictions, nurses who have practised without practising certificates or nurses who have practised outside their scope of practice.

Conduct

Complaints about a nurse's conduct are investigated by a PCC. The nurse is given an opportunity to provide a response before any decision is made on what action, if any, will be taken on a complaint.

The PCC process for investigating a complaint is set out in an information booklet. Click here to download this information booklet.

Court Convictions

Court registrars are required to send a notice of conviction to the Council where a nurse has been convicted of an offence that is punishable by imprisonment for a term of three months or longer or for other offences listed in the Act. These convictions must be referred to a PCC. Council has appointed a PCC to consider these convictions. This PCC meets three-monthly to ensure that these convictions are considered in a timely manner. These Nurses are invited to attend a meeting to provide a response to their conviction. Click here to download an information booklet that outlines this process.

Practising without a Practising Certificate

Nurses who have practised without a practising certificate for a significant period of time and who have failed to provide a reasonable explanation for the lapse may be referred to a PCC. Council has appointed a PCC to consider these nurses, which meets three-monthly. Nurses are invited to attend a meeting or provide a written explanation for this lapse. Click here to download an information booklet outlining this process.

Practising outside scope of practice

A PCC has also been appointed to consider nurses who may have practised outside their scope of practice.

Breaching conditions

PCCs may also consider nurses who have failed to comply with any conditions included in their scope of practice. These conditions may have been included following an order of the Health Practitioners Disciplinary Tribunal (HPDT), the Health Committee, the Council following a competence review or to ensure continuing competence.

Health Practitioners Disciplinary Tribunal

Charges against a nurse are brought before the Health Practitioners Disciplinary Tribunal (HPDT), which is a separate tribunal. The HPDT provides a guide to disciplinary proceedings and decisions are available on its website Health Practitioners Disciplinary Tribunal.